You can approach muncipal corporation for carrying on construction after getting plans sanctioned by BMC
Attorned tenant of MCGM
I had taken a godown on rent from a person who had taken it on VLT from the MCGM. The MCGM terminated his VLT and made me an attorned tenant. Can I develop the property...... I mean can I ask for building permission?
Asked 6 years ago in Property Law
Religion: Hindu
15 Answers
1. The MCGM must have entered into a lease deed/rent agreement with you. Does it authorise you to develop the property?
2. Nothing prevents you from seeking building permission.
See under this circumstances you can seek permission as per agreement and apply for plan approvals for construction.
1. You will not be classified as having any privily of contract with MCGM, merely on basis of as a "attorned tenant".
2. However, you can apply for "building permission" on basis of the earlier terminated VLT, for substitution, by undertaking compliance & payment of relevant penalty /fees.
3. IF permission is granted, THEN you will be replaced on record as the bonafide tenant.
Sometimes, there can be a sale of a property that is on lease. In such cases, attornment enables the existing lease to continue even after the sale of the leased property by the owner.
After execution of a letter attornment, the parties recognise each other as a tenant and new landlord. 'To attorn' means to acknowledge the relationship of a tenant with a new landlord. Therefore, 'attornment' by the tenant means acceptance of the new owner as landlord and estopping the tenant to dispute the landlord's title thereafter.
Under the Transfer of Property Act, in case of a statutory attornment, all rights of the transferor (original lessor) stand transferred to the transferee (new lessor), on the transfer of the property. Accordingly, the transferee steps into the shoes of the transferor. This permits continuation of an existing lease, without any impact on the lessee.
Attornment aims to protect a lessee's interests in the premises. Further, it also protects the rights, benefits and entitlements of both lessee and transferee under the existing lease. One does not need to execute a new lease as no new lease is created because of the transfer of property. A mere change in ownership of the leased property does not create new rights in favour of the lessee in the property. Only a new relationship is created between the lessee and transferee. As such, the sale of a rented property does not interfere or hamper with an ongoing lease.
Therefore for development of the leased proeprty can be taken up as per existing rules and law in this regard.
You may follow the procedures of law in this regard and obtain permission from the landlord i.e., MCGM accordinlgy.
You need to have ownership rights to develop the property. You will face title issues in future
No constructions of permanent nature is permissible by a tenant without the consent of his landlord as ind default of the same the tenant is liable to be evicted.
What is VLT.
Ans:- Yes, yo may write to the MCGM for developing the plot of land.
Yes you can develop the property but you should get permission for renovation from MCGM.
VLT stands for Vacant Land Tenancy. This is peculiar to Mumbai. The MCGM had given a large number of lands to private parties under this provision on nominal rent.. Now they are cancelling this and making the occupiers direct tenants.....these tenants are called attorned tenants. Some one please examine the query from this angle.
Asked 6 years ago
For developing the property you need BNC consent
obly after plans are sanctioned can any construction be carried out by you
1. TILL, a proper Tenancy Deed is executed or an allotment letter is given to the "attorned tenant", such tenant's rights (atleast legally) will always be restricted & limited and shall not have rights as would be available to the VLT.
2. Only a proper document, will confer rights to the Tenant (whether it is VLT or attorned), for all probable futuristic purposes (in case of court disputes).
3. Attorned Tenant derives his rights (for any & all purposes) from the Lease Deed, else such tenant will remain prosecutable at the hands of original VLT & MCGM.
3. First MCGM has to cancel VLT on records by following due procedure of law .... AND THEN .... allot or bring on record the person in physical occupation (attorned tenant), to enable rights to attorned tenant.
Your query was analysed based on the law which governs your situation and an opinion was given to that effect only.
You may go through my previous post in this regard and revert with doubts in the opinion rendered for further clarification.
Even if you go with the development agreement you will require the consent of your landlord as you are attorned tenant under 109 of TOP Act
See since now you are recognised as tenant directly by MCGM you can with there permission as per the tenancy rules and plan approvals construct.
You can develop the said property but you need to take approval from MCGM and permission From Muncipal.
